Johor Orang Asli to get Compensation over Eviction

Published by The Malaysian Insider on 7 August 2012.

The Johor government will compensate the Orang Asli of Orang Selat descent over eviction from their land in Stulang Laut and demolition of their chapel nine years ago.

This follows the withdrawal of an appeal by the Johor Land and Mines Department represented by state legal adviser Datuk Abdul Rahman Putra against the decision of the Johor Baru High Court which had in 2010 awarded compensation to 50 Orang Asli which was to be assessed by the High Court.

The High Court had ruled that the eviction of Khalip Bachik Kelah Lah and 49 others from their land by the authorities was unlawful and the demolition of the chapel was an act of trespass. 

A three-member Court of Appeal panel led by Datuk Seri Abu Samah Nordin struck out the appeal and awarded RM5,000 in costs to the Orang Asli. Justices Datuk Clement Allan Skinner and Datuk Aziah Ali were the other two judges presiding on the panel.

Steven Thiru representing the Orang Asli said that following the withdrawal of the appeal the High Court’s decision stood. He said the next move was to go back to the High Court for assessment of damages to determine the amount of compensation.

Khalip and others are of Orang Asli Laut descent and members of the Orang Asli Christian congregation. They were originally residents of Kampung Orang Asli Stulang Laut. They received a directive from the Johor Baru City Council in 1993 to relocate to Kampung Orang Asli Kuala Masai on the grounds that the site they occupied was earmarked for development. 

Khalip and Kelah claimed that the Orang Asli Affairs Department (JHEOA) director-general had given them an assurance that they could build a place of worship at the new settlement and had done so upon relocation in 2003.

In 2005, 10 days before Christmas the chapel was demolished when the community was busy making preparations for the celebration.

In their civil suit filed in December 2008 the Orang Asli had named as defendants the state Land and Mines Department director Johor Baru City Council and JHEOA. However the city council and JHEOA chose not to participate in the proceedings in the High Court. The city council did not file affidavits in defence despite reminders and then failed to enter an appearance when the hearing dates were fixed. On September 22, 2010 the Johor Baru High Court ruled in favour of the Orang Asli and ordered the state Land and Mines Department director and city council to pay compensation to the Orang Asli.

Read more here: http://www.themalaysianinsider.com/malaysia/article/johor-orang-asli-to-get-compensation-over-eviction/

Chick-fil-A: Religious Freedom vs Gay Rights

Illustration by Ted McGrathPublished by Bloomberg Businessweek on 2 August 2012. By Drake Bennett.

Gay-rights groups, which for years have pointed out that Chick-fil-A’s charitable arm gives millions of dollars to Focus on the Family, the Eagle Forum, the Family Research Council, and other organizations that agitate against gay marriage, pounced on Cathy’s comments. The quotes spread in the usual ways, through blogs and the websites of watchdog groups, and the political haymaking commenced. 

On July 20, Boston Mayor Thomas Menino sent a letter to Chick-fil-A urging the company to back out of plans to locate in Boston and told the Boston Herald that he would make it “very difficult” for the restaurant to come to town. (He later admitted he had no power to do so.) A few days later a Chicago alderman announced that he would block a planned Chick-fil-A location in his ward, and Mayor Rahm Emanuel chimed in that “Chick-fil-A’s values are not Chicago’s values.” 

On Twitter, San Francisco Mayor Edwin Lee declared that Chick-fil-A wasn’t welcome in San Francisco, even though the restaurant hadn’t announced any plans to open a location there, and Washington mayor Vincent Gray called the chain “hate chicken.” New York City Council Speaker Christine Quinn, a favorite to be the city’s next mayor, wrote a letter last Saturday to New York University president John Sexton, whose campus hosts the only Chick-fil-A in the city, asking him to boot out the restaurant.

Against this array of urban Northern and coastal liberals, a red-state chorus arose to defend the honor of Chick-fil-A. Its partisans pointed out, among other things, that the chain was being attacked even though there’s no evidence it discriminates against gay customers or job applicants. Rick Santorum and Sarah Palin voiced their support for the chain, as did Billy and Franklin Graham. Former Arkansas Governor and talk-show host Mike Huckabee took to Facebook (FB) to declare himself “incensed at the vitriolic attacks” on the restaurant. He declared Wednesday, Aug. 1, to be Chick-fil-A Appreciation Day; more than 600,000 people pledged on Facebook to attend, and on the appointed day TV news channels showed lines outside certain franchises.

Read more here: http://www.businessweek.com/articles/2012-08-02/chick-fil-a-deep-fried-civil-war#p1
Related report: http://www.christianitytoday.com/thisisourcity/richmond/another-kind-of-christian-witness-at-chick-fil-a.html?paging=off Franchise owner Erik Devriendt doesn't have much to say about the recent imbroglio over Dan Cathy's comments. He just wants to help local refugees.

Malaysians recoil with SHOCK & ANGER at Rafizi's arrest

Written by  Maria Begum, published by Malaysia Chronicle on 1 August 2012.

http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=37458:msians-recoil-with-shock-anger-at-rafizis-arrest-move-to-suppress-whistle-blowers&Itemid=2

News of the arrest of PKR strategy director Rafizi Ramli has shocked Malaysians, who have reacted angrily to the news. Among the most cited reasons for their anger was why should Rafizi, who was trying to expose corruption, be penalized while the wrongdoers were let off.

Indeed, corruption-tainted Prime Minister Najib Razak may have opened a new can of worms for himself. Already embattled and facing pressure from possible loss in general elections due to be called latest by April next year, many believe he was out to "scaremonger" his way through.

His two main targets are believed to be whistle blowers - many of whom come from the investment and financial community - so that they will stop exposing the misdeeds of his Umno-BN coalition.

The second target are politicians - including from his own government. Leaders from the Pakatan Rakyat opposition do not expect another crackdown like the Operations Lalang effected by former premier Mahathir Mohamad against political rivals in the 1980s.

However, they do not discount the possibility that Najib was also trying to scare BN leaders who have begun defecting to the opposition amid rising concern at Umno's growing extremism as the 13th general election neared.

From leaders

Anwar Ibrahim, Opposition Leader

Applaud his courage on the Cow-Condo case and GeorgeKent involvg dSNajib! .

Tian Chua, PKR MP for Batu

No, we don't expect Ops Lalang. That would be political suicide for Najib and he knows it. This is another ill-advised stunt to discourage whistle blower from coming forward. It is  real shame for Malaysia's image to investors, who are watching closely. We also see him trying to warn BN leaders who are switching out from his coalition that they can expect rough and tough action like this. But he has missed the pulse of the nation. Everyone is fed up and this latest arrest only confirms the need to change the current regime.

Nurul Izzah, PKR MP for Lembah Pantai

Despite expose, despite arrest, despite being charged, George Kent prevails. Shame on you

Shamsul Iskandar Akin, PKR Youth chief

Shahrizat's family, when? RT

Hannah Yeoh, DAP assemblywoman for Subang Jaya

Woke up to news of @rafiziramli being arrested by police. We stand by you

Ambiga Sreenevasan, co-chairman of the Bersih movement for clean polls

The nation is watching! We stand by those brave enough to expose wrongdoing and condemn those who suppress the truth!

Dzulkefly Ahmad, PAS MP for Kuala Selangor

We knew it was coming but why the sudden rushed timing. Was it coincidental with the George Kent news? This is Ramadan, a fasting ad holy month to observe restraint and righteousness. But Umno seems so desperate it is committing blunder after blunder. We also note that such hypocritical action is coming from Najib who has been promising reforms and a clean government.

From Netizens

very very angry rakyat

This is so damn WRONG SO WRONG !!! Rakyat Malaysia , terutamanya saudara dan saudari dari luar bandar tolonglah tengok dengan mata sendiri is this the govt that you wanna cast your vote on ?? Jom mulakan kempen "" BEBAKAN RAFIZI , Hero Rakyat !!! "'

Change

What do you expect from a Third Country like Malaysia. The person who reported the crime get arrested but the criminal got off free. Remember the ex CM of Melaka case!!!!!!!!!!

Susie

Stupidest thing for Najib to do. The whole nation loves Rafizi for his courage in exposing the corrupt at the top level... God is with those who are righteous too. Keep on doing what is right, everyone!

LEE

WE ARE WITH U , RAFIZI !! BE STRONG !!

TANNER

Trying to do the Mahathir? Equivalent of Operation Lalang? More arrests of oppositions. People realise Mahathir's authoritarianism, stupidity and vanity after he retires. But they could see Najib's authoritarianism, stupidity and vanity now.

Related reports:

http://www.themalaysianinsider.com/malaysia/article/rafizi-detained-over-alleged-bafia-breach/

http://www.freemalaysiatoday.com/category/nation/2012/08/01/rafizi-arrested-to-be-charged/

http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=37457:rafizi-arrested-after-george-kent-awarded-lrt-deal-scorpene-fear-grips-najib?&Itemid=2

City Council Loses Appeal in 'Chapel Demolition' Case

http://www.malaysiakini.com/news/204997

Published by Malaysiakini on 30 July 2012. By Hafiz Yatim.

The Court of Appeal in Putrajaya has struck out an appeal by the Johor Baru City Council (MBJB) over the demolition of an Orang Asli chapel, describing the application as an abuse of the court process.

The three-member bench headed by Justice Syed Ahmad Helmy Syed Ahmad, along with Abdul Wahab Patail and Abdul Aziz Abdul Rahim, was unanimous in the decision. 

The court also ordered MBJB to pay RM10,000 in costs.

In September 2010, the Johor Bahru High Court had ordered the MBJB to pay damages to Khalip Bachik, Kelah Lah and 49 others of Kuala Masai, Johor, following the demolition of their chapel. 

Khalip had filed the civil suit in December 2008 against the MBJB, Johor Land and Mines Department and the Orang Asli Affairs Department (JHEOA).

The MBJB failed to file affidavits in defence despite reminders being sent, and then failed to enter an appearance when the hearing dates were fixed. As a result, the council was ordered to pay damages.

It appeared alone in its appeal today. The other two appellants will have their application heard next week.

The council had claimed that the suit had been filed under the ‘Johor Bahru Town Council’ and not ‘Majlis Bandaran Johor Bahru’. Hence, it was not bound by the order imposed by the Johor Bahru High Court.

Khalip's lawyers argued to strike out the application, saying the appeal proper was incompetent and that the memorandum of appeal was defective. This made the appeal frivolous, vexatious and an abuse of the court process.

The Orang Asli were represented by Steven Thiru and Aron Matthews, while Roger Tan and CP Lee appeared for the appellants.

Permission given for place of worship

Khalip and others are of Orang Asli Laut descent and members of the Orang Asli Christian congregation. They were originally residents of Kampung Orang Asli Stulang Laut.

They received a directive to move to Kampung Orang Asli Kuala Masai from the Johor Bahru City Council in 1993 on the ground that the site they occupied was to be developed.

Khalip and Kelah claimed that the JHEOA director-general had given them an assurance that they could build a place of worship at the new settlement, and had done so upon relocation in 2003.

When the demolition was carried out in 2005, the state failed to show any court order or proof that the chapel was sitting on state land.

Eight of the 20 families living in Kampung Orang Asli Kuala Masai are of the Christian faith.

High Court denied Lynas’ the injunction to gag NGO

Posted by MSN News on 27 July 2012.

Save Malaysia Stop Lynas (SMSL) releases a press statement on the High Court's decision: http://news.malaysia.msn.com/regional/high-court-denied-lynas%E2%80%99-the-injunction-to-gag-ngo

The press statement reads:

"SMSL was pleased that the Kuala Lumpur high court has rejected Lynas' second attempt to get a court injunction to gag SMSL yesterday. Over a hundred concerned citizens consisting of Kuantan residents, supporters from interstates and civil society organisation's representatives congregated at the high court vicinity peacefully with placards and banner in a show of solidarity to express their outrage with the Lynas' defamation action.

"It is heartening and encouraging seeing justice delivered at this juncture. We are relieved that our freedom of speech to voice our concerns with our own government in the interest of the public and the country is upheld through yesterday's high court decision." Lamented Mr Tan Bun Teet, a SMSL spokesperson, a Kuantan resident and a defendant named in the defamation suit.

"Here we are dealing with a world-scale rare earth plant at least ten times bigger than the one in Bukit Merah with hundreds more times hazardous waste. It has been built without any consultation with the public, with lax environmental safeguards and speedy approval processes. What more it is located in a swampy area so close to the sea and the population? We as informed citizens cannot simply sit back and do nothing" Continued Mr Tan

The high court awarded a court cost of RM5,000 to SMSL against Lynas and the court will resume on 14th August to work out details of future trials and hearings.

The fair judgment delivered by Judge John Louis O'Hara is a much welcome gesture of hope for SMSL and concerned Malaysians who have fought hard to stop the Lynas rare earth project since it became widely known for the first time last March through a New York Times article.

Haji Ismail Abu Bakar, another defendant named in the Lynas suit and a Kuantan resident remarked, "many rakyat (citizens) who will be directly and most immediately put at risk once the Lynas plant starts to operate are at no liberty to speak out or to voice their concerns. We breathe a sign of small relief for now but we have a long way to go yet to keep our country safe and clean from toxic pollution."

Last Thursday on the 19th, the court heard arguments from both Lynas and SMSL counsels. SMSL was represented by senior counsel Datuk Bastian who argued that SMSL acted in the interest of the public in issuing the open letter to the Prime Minister which Lynas alleged is defamatory.

"SMSL will brief its various expert witnesses in Malaysia and overseas in preparation for the trial. SMSL aims to use the trial to reveal information in its possession. We have independent opinions and assessments from various highly qualified professionals. We would like to inform the court and the public of the risks and hazards of the Lynas project to our communities, our livelihoods and the local economy as well as Malaysia as a whole."

Explained Mr Tan.

For further comments, please contact:

SMSL Hotline :+60 (0) 12-982 3302

Bersih 2.0 is LEGAL: Court quashes Hisham's "tainted" ban, time for BN to APOLOGISE

Written by  Maria Begum, published by Malaysia Chronicle on 24 July 2012.

The Kuala Lumpur High Court has ruled that Bersih 2.0 was not an unlawful society, quashing a Home Ministry order aim to derail the free and fair election's movement decision to hold a mass protest on July 9, 2011.

While the court decision will surely be savored by many Malaysians and civil society alike, it is also a slap in the face for Home Minister Hishammuddin Hussein and his cousin, Prime Minister Najib Razak.

The two men are regarded as the prime movers behind the BN government's brutal crackdown on some 50,000-odd peaceful demonstrators.

"This vindicates the Bersih 2.0 steering committee and the rally goers. All they ever wanted to do was to show that they supported clean elections but many were cruelly beaten through no fault of their own. If anyone should be blamed, it should be the BN for its flawed conduct, policies and desperate attempts to cling to power," PKR vice president Chua Jui Meng told Malaysia Chronicle.

Calling Hisham's decision a "tainted" one, Justice Rohana Yusuf said the Bersih 2.0 coalition of civil societies, though not officially registered, could still be considered a society under the Societies Act.

“The minister’s order is quashed because Bersih is a lawful society,” Rohana said.

She added that even if it could be proved Bersih 2.0 was a society that had been used for purposes prejudicial to the security of Malaysia, the order was unreasonable and not valid.

Hisham had declared Bersih 2.0 unlawful, citing section 5 of the Societies Act 1966 as investigations had shown that Bersih 2.0 was not a registered organisation and that it was creating unease among the people.

Bersih 2.0 chairman Ambiga Sreenevasan and 13 of her colleagues had in response filed a judicial review seeking to get the Najib administration to lift its July ban.

"It's the right decision. It affirms what has been said by the brave people who attended the rally all along. The government must be acciuntable and held responsible for all the unlawful arrests made against the innocent people under the pretext of 'illegal Bersih'," PKR legal bureau director Latheefa Koya told Malaysia Chronicle.

"Now that the court has made its ruling, I think it is only fitting that the BN government and the police issue a public apology to Bersih, and of course to the thousands of Malaysians who attended the protest."

Freedom of Religious Belief vs Gay Rights

Published by The Boundary Sentinel. By Mona Mattei on 18 Jul 2012.

http://boundarysentinel.com/news/grand-forks-b-b-owners-held-responsible-human-rights-violation-20040#.UAzdgmEjGSo

A gay couple from Vancouver was awarded over $4500 for discrimination in a  B.C. Human Rights Tribunal decision yesterday after being refused Grand Forks accommodations in 2009.

The decision, by Tribunal member Enid Marion, found that Les and Susan Molnar, operating the Riverbend Bed and Breakfast business at the time, were not complying with B.C. laws when they advised Shaun Eadie and Brian Thomas that they could not accept their reservation for a room.

“Having entered into the commercial sphere, the Molnars, like other business people, were required to comply with the laws of the Province, including the Code, which is quasi-constitutional legislation that prohibits discrimination on the basis of sexual orientation,” stated Marion in the decision.

Eadie’s testimony said he originally contacted the Molnars and made a reservation for one room. Later he received a call from the Molnars asking if they were a gay couple and then saying that the situation was “not going to work out” and cancelling their accommodations.

The Molnars, in response to the human rights claim, did not dispute what had taken place but argued that their religious beliefs would not allow a gay couple to stay at their home and that the case was a matter of competing rights. In testimony at the tribunal, the Molnars clearly identified their Mennonite beliefs and that their strong faith made them uncomfortable with any gay or unmarried couples staying at their B & B.

In testimony both Eadie and Thomas said the discrimination had emotional impacts on them. “He (Eadie) testified that the incident with the Riverbend felt like a “slap in the face”, that it made him feel like a second-class citizen again after he had rebuilt his confidence, and that he felt crushed,” stated the decision.

Marion did not discount the Molnars’ faith, but found that their choice of business and lack of promotion that the business was Christian-based impacted her decision.

“The Riverbend was not operated by a Church or religious organization. While the business was operated by individuals with sincere religious beliefs respecting same-sex couples, and out of a portion of their personal residence, it was still a commercial activity. It was the Molnars’ personal and voluntary choice to start up a business in their personal residence. In this respect, the Molnars were not compelled by the state to act in a manner inconsistent with their personal religious views,” the decision outlined.

Eadie and Thomas were awarded $3000 for damages for injury and $1530 for expenses and lost income.

The Molnars closed the Riverbend in late 2009, not because of the claim but as a result of the public reaction to the situation and the risk of further liability.